NO NO NO to Shark Tank, QVC, etc.! Go read the fine print in their participation contracts and you'll see that they take a huge cut of your profits and impose incredibly onerous restrictions on what you can or can't do with your own company and ANY products you control. VPOR should continue to sell/market just the way they are doing now!
For example, the following is from Shark Tank's application to be on their show. See: cdn.media.abc.go.com/m/pdf/shows/shark-tank/ST_Initial_Application_Packet.pdf
"2. Grant of Rights. In consideration for my possible appearance in the Series and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, I (including any entity set forth below)
hereby grant Producer and each of its respective employees, contractors, agents, representatives, officers, directors,
assignees (including, without limitation, SPT), designees, licensees (including, without limitation, ABC and any
television network and television stations which exhibit the Series or which has the right to exhibit the Series
(collectively “Network”)) and affiliated and related entities the following:
a. The absolute and irrevocable right and permission (but not the obligation) to interview me, audition
me, photograph, film, tape and otherwise visually, audiovisually and/or by audio means record me
and/or my voice (“Likeness”) by any method whatsoever in and in connection with the Series and the
business activities of Producer and Network.
b. The absolute and irrevocable right and permission (but not the obligation) to photograph, film, tape
and otherwise visually, audiovisually and/or by audio means record any idea, product, invention,
service or business owned or controlled by me, including without limitation any names, logos,
artwork, packaging, trademarks and service marks related thereto, (collectively “Business Indicia”)
by any method whatsoever in and in connection with the Series and the business activities of Producer,
SPT and Network.
c. All rights of every kind and character whatsoever, whether now known or hereafter devised, in
perpetuity throughout the universe in and to (i) any and all footage, tapes and/or other recordings
taped, filmed, photographed, recorded and/or otherwise produced hereunder depicting me and any
performances or actions made by me, (ii) material supplied by me (whether scripted or unscripted,
written, spoken, sung, or otherwise uttered or expressed by me) and information given by me and/or
captured on any such footage, tapes, and/or recordings (“Statements”), and (iii) all of the results and
proceeds thereof (collectively, (i), (ii) and (iii) shall be referred to as the “Material”). I acknowledge
that the Material is specially ordered by Producer for use as part of an audiovisual work and shall be
considered a work made for hire for Producer, and therefore Producer shall be the author and
copyright owner thereof for all purposes throughout the universe in perpetuity. To the extent that such
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Material is not deemed a work-for-hire in any jurisdiction, I irrevocably assign, transfer and convey
such Material to Producer including, without limitation, all copyrights, renewals, and extensions of
copyrights therein, in all media now known or hereafter devised, throughout the universe in perpetuity.
For the avoidance of doubt, the Material shall include neither the Business Indicia nor any other
intellectual property relating to my business.
d. The irrevocable right to reproduce, edit, dub, subtract from, add to, modify or juxtapose the Likeness,
Business Indicia, Statements and/or Material in any manner and to combine them with any other
material. I understand, acknowledge and agree that Producer shall have no obligation to use any of the
Likeness, Business Indicia, Statements and/or Material in or in connection with the Series.
e. The irrevocable, perpetual, nonexclusive right to use, copy, digitize, sublicense, transmit, distribute,
publicly perform, publish, display, and make any other uses of the Likeness, Business Indicia,
Statements, whether or not embodied in the Material, in any media now known or hereafter devised,
throughout the universe, in and in connection with the Series, including without limitation the
advertising, promotion, marketing or exploitation of the Series (including without limitation
commercial tie-ins and the exploitation of any allied, ancillary and subsidiary rights in and to the
Series), and the business activities of Producer, SPT and Network.
f. I understand, acknowledge and agree that Producer may exercise any aspect of the foregoing granted
rights without review by, compensation to, or approval by me or any other party, except as prohibited
by law.
g. I grant the rights hereunder whether or not I am selected to participate as a contestant in the Series in
any manner whatsoever. Without limiting paragraph 4 below, I release Releasees (as that term is
defined herein below) from any and all liability arising out of its use of the Likeness, Business Indicia,
Statements and/or the Material, and I agree not to make any claim against Releasees as a result of the
recording or use of the Likeness, Business Indicia, Statements and/or the Materials (including, without
limitation, any claim that such use invades any right of privacy and/or publicity and/or any claims
based on defamation, libel and/or false light and/or copyright, trademark or patent infringement)."
